TOWN OF ESOPUS
PLANNING BOARD MEETING
JUNE 25, 2009
BOARD MEMBERS PRESENT: Roxanne Pecora, Chairperson
BOARD MEMBERS EXCUSED: Dennis Suraci
ALSO PRESENT: Myles Putman, M.L. Putman Consulting
Chairperson Pecora called the meeting of the Town of Esopus Planning Board to order at
7:00 PM beginning with the Pledge of Allegiance to the Flag. Roxanne then advised the
public of the building’s fire exits and roll call was taken.
Board members were asked if there were any changes or corrections to the minutes of the
May 28, 2009 meeting. No corrections or changes were made.
CHARLIE MADE A MOTION TO APPROVE THE MINUTES OF THE MAY 28,
2009 MEETING, SECONDED BY FRED. ALL MEMBERS WERE IN FAVOR.
MOTION PASSED WITH A VOTE OF 4-0. DARIN ABSTAINED.
M.L. Putman Consulting (Month of May, 2009).………………………………$2,250.00
April Oneto (Secretarial Services)……………………………………………….56 hours
FRED MADE A MOTION TO APPROVE THE VOUCHERS AS READ,
SECONDED BY CHARLIE. ALL MEMBERS WERE IN FAVOR. MOTION
PASSED WITH A VOTE OF 5-0.
DeDOMINICIS & CASTRUCCI: Case #2009-01 – Conditional Use Permit – 232
River Road @ Flatsview Court, Ulster Park;
MIKE MADE A MOTION TO OPEN THE PUBLIC HEARING FOR
DeDOMINICIS & CASTRUCCI, CASE #2009-01, CONDITIONAL USE PERMIT,
SECONDED BY CHARLIE. ALL MEMBERS WERE IN FAVOR.
Chairperson Pecora read the Public Hearing Notice placed in the Daily Freeman, copy
placed in the file.
Roxanne asked if there was anyone present who wished to speak on behalf of this
application. There was no one present to speak on this application.
MIKE MADE A MOTION TO CLOSE THE PUBLIC HEARING FOR
DeDOMINICIS & CASTRUCCI, CASE #2009-01, SECONDED BY CHARLIE.
ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0.
DeDOMINICIS & CASTRUCCI: Case #2009-01, Conditional Use Permit, 232
River Road @ Flatsview Court, Ulster Park;
Applicants Marissa DeDominicis and Paul Castrucci were present.
Roxanne read a letter received from the Waterfront Advisory Board dated 6/24/09 which
stated that they did not have any comments and did not see any inconsistencies with the
LWRP. Copy of this letter was placed in the file.
Myles reviewed M.L. Putman Report dated 6/22/09. Copy given to applicant and copy
placed in file.
Applicants submitted new maps with the ZBA variance listed on the maps.
MIKE MADE A MOTION TO APPROVE THE CONDITIONAL USE PERMIT
FOR THE ACCESSORY APARTMENT FOR DeDOMINICIS & CASTRUCCI,
CASE #2009-01, SECONDED BY FRED. ALL MEMBERS WERE IN FAVOR.
MOTION PASSED WITH VOTE OF 5-0. VOTE WAS AS FOLLOWS:
BAKEY: Case #2009-08, Lot Line Adjustments, 192 Tilden Street (Town Hwy
@ East Main (Town Hwy 910), Port Ewen; SBL: 56.060-4-10, 11,
12 & 13
Applicant William Bakey was present. Myles reviewed M.L. Putman Report dated
6/18/09. Copy was given to applicant and copy was placed in the file.
The applicant is planning on taking four undersized lots and reconfiguring them to make
two lots; one of which will have an existing house which is presently split by a lot line.
The property is served by water and sewer and is on the corner of two Town roads. The
vacant lot can be developed in the future for a one family home according to the zoning.
There is a culvert for street drainage along Tilden Street which encroaches on a corner of
the site and the map shows a proposal to convey that strip to the Town of Esopus so this
will have to be deeded out.
Mr. Bakey stated that the garage in question was removed in 2008 and the wood shed has
been removed as well. Applicant submitted a letter for the Waiver of the Public Hearing.
Copy of letter is in the file. Applicant stated that in the future they are planning on
putting a single family dwelling on the vacant lot.
Charlie questioned the drainage easement. Myles stated that they will have to do a deed
and file it. Mr. Bakey thought that it was already deeded to the Town of Esopus.
Roxanne stated that it has not been deeded at this point. Myles stated that there is
already a drainage easement deeded by the Dekoskie family which is in the Town Clerk’s
records and it is done by deed description. He recommended that Mr. Bakey check with
the Town Clerk for assistance with this. Mike stated that Mr. Bakey has done a nice job
of cleaning up the existing lots and feels that the lot line adjustments will be a good thing
for the Town.
Myles stated that he would like to see some of the original subdivision lot numbers
indicated on the maps because they are referenced in the current deeds. Darin questioned
whether they should have assumed location of the existing utilities shown on the maps
and have the wood shed and garage removed from the maps.
DARIN MADE A MOTION TO WAIVE THE PUBLIC HEARING FOR BAKEY,
CASE #2009-08 AS PER SECTION 107.16.A, SECONDED BY FRED. ALL
MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0.
VOTE WAS AS FOLLOWS:
DARIN MADE A MOTION TO APPROVE BAKEY LOT LINE ADJUSTMENT
CASE #2009-08 WITH THE FOLLOWING CONDITIONS: THAT THE
APPROXIMATE LOCATION OF EXISTING UTILITIES FOR THE EXISTING
HOME BE PUT ON THE PLANS, THAT THE ORIGINAL PARCEL NUMBERS
BE PLACED ON THE MAP AS THEY ARE REFERENCED IN THE DEED
WITH A REFERENCE TO THE FILED MAP AND REMOVAL OF THE WOOD
SHED, GARAGE AND DRAINAGE EASEMENT DEEDED TO THE TOWN,
AND DECLARE A NEGATIVE DECLARATION PURSUANT TO SEQR,
SECONDED BY FRED. ALL MEMBERS WERE IN FAVOR. MOTION PASSED
WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:
Mr. Bakey questioned the process. Roxanne informed him that once he gets a copy of
the drainage easement deed to us along with new maps then the Board will sign them.
ANDERSON: Case #2009-12 – Lot Line Adjustments – 227-231 Hardenburgh
Road, Rifton; SBL: 71.001-3.24.22 & 24.23
Myles stated that for the record he knows Pastor Anderson for some years and at one
point they were members of the same church in Woodstock and he is now the council
president of that church. If the Board thinks that is a conflict of interest, he would like
them to say so at this point. No one made any comments.
Applicant, Tobias Anderson, was present at the meeting. Myles reviewed M.L. Putman
Consulting Report dated 6/17/09, copy given to applicant and copy placed in the file.
Applicant would like to merge two previously subdivided vacant lots back into one
parcel. They will be using an existing well and a new septic system will be put in.
Applicant submitted a letter for waiver of the Public Hearing per Section 107.16.A.
Darin questioned the description for the 25’ wide right of way easement for highway
purposes. Myles stated that this was done by the previous owners of the property. The
maps should be changed to reflect 25’ wide right of way easement granted. Fred
questioned the well and septic system. He stated that if applicant uses the well and septic
systems on either Lot 1 or Lot 2 or combinations thereof to obtain a building permit or he
has to resubmit to the Board of Health. Mr. Anderson stated that they are actually in the
process of going through the Board of Health for a completely different system. Mr.
Anderson stated that he thinks that the maps presented this evening do not have a septic
on them since the purpose for tonight is to show that they are combining the lots.
Mr. Anderson stated that they are not using not using the design that was approved under
Magnifico’s old map. If you are looking at the new map, the site of the new proposed
septic system will be in the upper northeast corner which has received preliminary
approval from the Board of Health. Following further discussion it was agreed that the
approval will be based on the information before the Board and if the applicant decides to
change the location of the well or septic they will need to go back to the Board of Health.
MIKE MADE A MOTION TO WAIVE THE PUBLIC HEARING FOR
ANDERSON, CASE #2009-12 AS PER SECTION 107.16.A, SECONDED BY
FRED. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE
OF 5-0. VOTE WAS AS FOLLOWS:
FRED MADE A MOTION TO DECLARE A NEGATIVE DECLARATION
PURSUANT TO SEQR AND GRANT APPROVAL FOR THE LOT LINE
ADJUSTMENTS FOR ANDERSON, CASE #2009-12, WITH THE STIPULATION
THAT THE WELL AND SEPTIC SYSTEMS ON LOT 1 AND LOT 2 BE
UTILIZED OR A COMBINATION THEREOF AS PER THE MAGNIFICO
FILED MAPS #05-496 OR A DEVIATION FROM THOSE PLANS WILL
REQUIRE NEW BOARD OF HEALTH APPROVAL AND WORDING FOR THE
25’ HIGHWAY EASEMENT TO BE CHANGED TO 25’ HIGHWAY EASEMENT
GRANTED, SECONDED BY MIKE. ALL MEMBERS WERE IN FAVOR.
MOTION PASSED WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:
ALEO: Case #2009-13 - Lot Line Adjustments & Case #2009-14 – Conditional
Use Permit – 210 – 218 Hasbrouck Avenue (town Hwy 909) @ Spring
Street, Port Ewen; SBL: 56.059-4-5
Applicant Edward Aleo was present at the meeting. Myles reviewed M.L. Putman
Report dated 6/15/09, copy given to applicant and copy placed in file.
This is a proposal to build a two family house on undeveloped vacant land. There are
two actions intertwined with each other. There is a conditional use permit to develop a
two family home and a lot line adjustment application to amend a previously filed
subdivision map that describes these properties going all the way back to 1923.
Applicant submitted a letter requesting waiver of the Public Hearing under Section
107.16.A. The Conditional Use Permit will require a Public Hearing that cannot be
waived and this property is within 500’ of a County Road so a referral to the Ulster
County Planning Board will need to be done. Myles stated that applicant will need a
subdivision map for filing with the county and applicant will need a site plan which
shows details that the Board will need to see as part of the permit application.
Dr. Aleo questioned that when he does the lot line adjustment does he need to show
where the old parcels are. Myles stated that the map that will be filed with the County
Clerk will show the lot lines to be deleted. Darin stated that he would want to say the lot
numbers. Dr. Aleo asked that since he is doing this can he do lot line adjustments on the
other lot simultaneously. Myles told him that he will have to amend his application and
needs to make sure that the surveyor gets everything mapped out. Dr. Aleo has 5 lots and
he will end up with 2 lots.
Fred stated that as he remembers it they are all paper streets back there. Myles stated that
this is a good point. It did come up that there is use of Spring Street and the previously
Planning Board hearing going back to 1993 on the Ulster Accessible Resource
Apartments it was stated that Spring Street is owned by the Town. This is not approved
to Town Highway specifications. Dr. Aleo said the same thing at pre-submission. Myles
believes that it might be Town owned property but it is not on the State map as a Town
Highway for State aid or anything like that and the landowners are using it as a private
road. Hill Street is a paper road. Dr. Aleo stated that he would use Spring Street to exit
the property. Myles stated that one of the issues to be concerned about is pushing more
drainage out to the street. Roxanne stated that there is definitely an issue back there.
There is a drainage field that goes from Hasbrouck Street through the backyards to hers
and across Schryver through additional properties and out to Sentar Lane. Mike stated
there is a problem with the owner of the property across the existing part of Hasbrouck
because it is low and wet. Dr. Aleo stated that his parcel is probably 7’ above the street
and the other parcels are way up on the hill. Discussion continued regarding the drainage
in this area. Since we are an MS4 District this Board will have to look at the drainage
issue. This is not an option. We have to look at it. Roxanne told Dr. Aleo that he could
ask the Highway Superintendent about this since he has the knowledge of this situation.
Dr. Aleo asked about the amendment to his application. He was told that he can submit a
letter with a revised sketch map showing the lots. Myles stated that the only thing that he
can see as an issue at this point is the improvement of Spring Street. Roxanne stated that
she will talk to the Assessor and she will get back to Dr. Aleo. Dr. Aleo stated that he
knows that he does not own Spring Street.
CHRISTIAN BROTHERS INSTITUTE: Case #2009-09 – Minor Subdivision –
1835 & 1850 Broadway (US Route
9W; State Hwy 5508), West Park; SBL:
Chris Zell, Brinnier & Larios, was present to represent this application. Myles reviewed
M.L. Putman Consulting Report dated 5/20/09, copy given to applicant and copy placed
Chris brought a copy of the large map submitted and outlined the property that is still
owned by Christain Brothers. Chris stated that what they are trying to do is really
simple. They want to divide off the property that lies on the east side of Route 9W and
sell it and retain what lies on the west side of Route 9W. Most of what is on the map that
they submitted they do not own any longer. Both of the parcels have a dwelling on them.
Chris demonstrated on the map what property that they are talking about. The
subdividing line will be Route 9W.
Chris stated that he can give the Board a map that shows both parcels, Lot 1 and Lot 2.
He has not surveyed the parcel on the west side so the best thing that he can give the
Board is a composite map done by Brinnier and Larios indicating that we have surveyed
the east side but the west side was surveyed by someone else. In essence, he is giving the
Board a deed plot. Fred suggested that he give us a deed plot of the whole thing and then
pull out the area in question. He can give us one composite map that can be filed. He
just wants everyone to understand this.
Chris stated that there is a 6’ pedestrian easement that goes all the way down to the river
that is described which he is assuming the west side parcel would keep that for access
over the east side. If they want to abandon this during this process, they can. There is
also a sand filter that is used by both sides so the west side has to retain an easement for
this. There is already an access easement to the sand filter and the line is down to the
Hudson River. He assumes that they have a SPDES Permit for it. The west side will
have to retain rights to it or prove to this Board that they are going to construct their own
Mike stated that there is already a description with the State for the right-of-way of Route
9W. Myles stated that he looked at the 1950 deeds and it is really not continuous along
their frontage. They had the takings for the widening but there is a stretch of their
frontage that he’s not sure there is a taking and that may be a user boundary. Chris will
have to go down to Poughkeepsie to see what they have. He stated that this basically is
why they are here. They are pretty much trying to use the road as a subdivision line.
Discussion took place regarding the sand filter and the fact that both of them have to
have use of it. The question that needs to be answered is whether they needed to form a
transportation district for the privately owned sewer because there are two separate
entities using this facility. Chris stated that maybe they can do an on-site septic field on
one parcel or the other. This is one of the issues.
Mike asked how big the parcel was that they are planning on selling. Chris stated that it
is 12 acres total plus 14 above so there are about 26 acres total. A lot of the land is on the
lower side of the railroad with no real access other than the pedestrian access and over 3
acres of it is under water.
Chris told the Board if they require anything else they just need to let him know.
Chris left a copy of the highlighted map that he brought for our records.
ZBA REFERRALS: None
DARIN MADE A MOTION TO ADJOURN SECONDED BY FRED. ALL
MEMBERS WERE IN FAVOR. MEETING ADJOURNED AT 8:30 PM.
NEXT MEETING: REGULAR MEETING – JULY 23, 2009
DEADLINE DATE: JULY 9, 2009
NEXT PRE-SUBMSSION: JULY 8, 2009
Planning Board Secretary